Hindu Marriage Act, 1955, Section 13 -- Divorce - Desertion - Husband initiating proceedings seven years after alleged desertion - He cannot be allowed to take advantage of his wrong - He never made efforts to accede reasonable wishes of serving wife - Wife ready to live with husband in her flat at place of her service -Failure of husband to make adjustments - Decree of..........
Hindu Marriage Act, 1955, Section 27 -- Matrimonial Court trying any proceedings under the Act - Jurisdiction is vested in Court to pass an order at the time of passing decree in matrimonial cause in respect of property presented at or about the time of marriage - Property contemplated is not the property given to wife at the time of marriage only but it includes property..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98,101 -- Possession - Third party objections - Present appellant filing suit in Small Causes Court for a declaration that he was the tenant of suit premises, and permanent injunction restraining respondent from executing the decree against him and taking possession from him - Question about tenancy and his right and interest..........
Civil Procedure Code, 1908, Section 152 -- Amendment of judgment and decree - `Accidental slip or error' - Petition for enhancement of maintenance allowed but date of first instalment to be paid not mentioned - Plaintiff sought enhancement of maintenance with effect from 15.3.1977 - In deciding the application for amendment of judgment u/s 152, intention of the Judge who..........
Civil Procedure Code, 1908, Order 21, Rule 99, 100, 101, 103 -- Person other than J.D. dispossessed in execution of decree - Application U.O.21.R.99 filed - It is mandatory for the Court to dispose of the same in accordance with Rules 100 and 101 of Order 21 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 97, 99, 100, 101 -- Person other than J.D. dispossessed - Such person can either file application U.O.21.R.99 before Executing Court or to file suit for restitution - Both remedies cannot be resorted to at the same time - Where person dispossessed has filed suit for restitution when his application U.O.21.R.99 is before Executing..........
Civil Procedure Code, 1908, Section 51 -- Proviso (b), O.21.R.37 - Enquiry as to means of J.D. to pay decretal amount - Should take place after issue of arrest warrant and before passing order of detention in civil prison - Holding of enquiry by Executing Court before issuing arrest warrant uncalled for and vitiated by error of jurisdiction - Court has to enquire whether..........
Hindu Marriage Act, 1955, Section 9, 24 -- Restitution of conjugal rights - Petition of husband allowed - Appeal filed by wife - Maintenance pendente lite allowed - Failure of husband to pay - Decree of restitution of conjugal rights passed in his favour deserves to be set aside...........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 25 -- Counter claim - If some amount is found due to the debtor the same can be given credit to but the Tribunal has no power to pass a decree in favour of the debtor if it is found that the Bank is liable to pay any amount in excess of the amount claimed by the Bank - If claim of debtor is more..........
Civil Procedure Code, 1908, Section 47, 151 -- House - Partition - Final decree - 2/3rd share given to D.H. and 1/3rd share to first J.D. as per report of Commissioner - In execution proceedings J.D. raising objection that decree is inexecutable as suit property is incapable of partition and separate possession - Held, application of J.D. cannot be dismissed on the ground..........
